Terms of Service
Please take your time to read. ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work").
By commissioning, you agrees to the following terms:
Basically..
Anything listed here are just to summarize, but please still take your time to read the full list to avoid any miscommunication.
Please be as clear as possible during discussion period, anything added after discussion period will be charged according to the added materials. If the project already started, I will not accept any refund.
If you don't have commercial right for the product that I made, please refrain from selling and reproducing product in any shape or form unless specified.
Any preparation materials, visuals, drafts, and any electronic files used to create the project is still under my property.
Please do not tamper any product and or claim that you created the product.
If there's problem between us, please discuss it privately between us before adding third person that neither you and I agree with. I might have language barrier since English Is not my mother language, please give me time if I don't get it right away.
Specifically for streaming avatar, you may use it for streaming activities.
Then again, If you are as individual is under Businesses, agencies, groups and other organizations, and using my service under that, please ask them to contact me regarding the service.
Partial payment is available for product over $100 USD. The down payment amount will be decided during discussion.
1. Engagement
a. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.b. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.c. Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.d.Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.e.Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.f. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.g. Artist warrants that they will not copy or heavily reference unauthorised materials.h. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.i. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretionj. Artist discretion which may include private message through any means ( e.g. Discord or X/Twitter, Artistree, Ko-fi, or email). The details set forth by the Artist shall be agreed upon by the Client before work begins.k. Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.
2. Content Restriction
a. Artist will not create content that is explicit, offensive, or inappropriate.b. Specific restrictions include but are not limited to furries, mechs, explicit adult content, excessive muscles, gore, copied styles, and gender identities or cultures the Artist may not be able to portray authentically.
3. Timeline and Process
a. Work completion requires 3 weeks minimum, and may take up to 7 months depending on each project.b. Timeline depends on commission type, complexity, and workload.c. Client should plan launches and streams accordingly regarding project for streaming avatar.d. Artist provides progress updates and seeks Client feedback voluntarily.e. Final deliverables are provided by the Artist using Fiverr, Ko-fi, Google Drive or similar file transfer tools.f. If there are any delays and adjustments to timeline, the Artist will inform the Client.g. Clients must first agree to delays and amendments to timeline exceeding 3 months through standard communication channels.h. Clients have the right to request refunds the 3 months after deadlines according to 8.c. if Work has not been delivered and there was no agreed upon amendment to the timeline.
4. Revisions
a. Three revision allowed per item shown to the Client during the drafting process.b. After line art, only minor revisions are allowed.c. Additional charges for excessive revisions may be required.d. Revisions may affect progress and timeline.
5. Communication
a. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.b. Communication channels may include a dedicated commission Discord server, Discord or Twitter private messages, Artistree, or others, according to Artist discretion.c. Artist response time may vary, up to one week in order to provide better or more concrete updates.
6. Rights and Usage
a. Artist Rights
i. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels and more.b. Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.ii. Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.iii. Regarding streaming avatar, you may use it for Vtuber activity such as streaming (advertising revenue, super chat, membership). As long as Client is not under Businesses, agencies, groups and other organizationsiv. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.v. Client must not edit or modify Work in any way without prior permission from the Artist.c. Commercial Rights
i. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.ii. Commercial rights means usage of Work on streams, videos and other content, or any monetized instances under Businesses, agencies, groups and other organizations, or selling or reselling Work to another party, as a part of any product, or on another platform.iii. In the case of design work for the definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal.iv. Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.v. Additional charges will be required for commercial usage if not included, typically 2x of the original cost.
7. Payments and Fee
a. Client pays the discussed percentage down payment for any project that cost over 100 USD. The final payment is due at first complete preview of the final.
Any project under 100 USD must do full payment upfront.b. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.c. Invoices must be paid within 5 days or the project may be cancelled. Price is in USD.
Payments accepted via PayPal Invoice and Ko-fi.
Clients from Indonesia may use payment via Gopay or ShopeePay.d. Prices may vary or change depending on exchange rate, complexity, requirements and/or additional requests.e. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.f. Client warrants they will not issue charge backs and the refund policy mentioned below will be followed.
8. Cancelation and Refunds
a. If Client requests cancellation, 35$ will become void and the rest may be forfeit if there is notification 2 days in advance.b. No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in 8.c. and Section 3.c. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted by the Client, the Artist will provide a partial refund according to the amount of work complete.
9. Confidentiality
a. The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.
10. Indemnification
a. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.b. If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.
11. Acceptance
a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.b. Agreement date is upon first inquiry/communication or first transaction.